San Antonio Lawyers for Restraints in Nursing Homes
San Antonio Nursing Home Restraint Lawyers
Bexar County nursing home understaffing has long been an issue. A short-term solution for an understaffed facility is to restrain residents, often unnecessarily. Unnecessary restraint is a form of nursing home abuse in Texas. If your family member has been injured due to an unnecessary physical or chemical restraint in a San Antonio nursing home, you have legal options available. At Janicek Law, our San Antonio nursing home restraint lawyers focus on seeking justice for those who have been abused.
Our experienced attorneys fight aggressively to uncover the truth and punish the abusers. Schedule a free case evaluation with the San Antonio nursing home abuse attorneys at Janicek Law by calling 210-366-4949.
Types of Restraints in Nursing Homes in Bexar County
There are two primary types of restraints in nursing homes: physical restraints and chemical restraints.
Physical restraints are deliberately intended to restrict the free movement of residents. Chemical restraints can control residents by keeping them docile. Restraints should be a last resort after all other alternative interventions fail. The use of medically necessary restraints should be re-evaluated regularly and not be in use 24/7.
Physical restraint use keeps a resident from moving their body and is often used for patients who have a higher fall risk. Chemical restraint use involves psychoactive drugs to sedate patients. Antipsychotic medications can keep patients from harming themselves or others, but these restraints are often overused to make care easier for nursing home staff.
Physical Restraints in Nursing Homes in Bexar County
Physical restraints are any type of restraint that deliberately prevents a person’s normal access to their body. This type of restraint can also restrict freedom of movement. A physical restraint can simply be a sheet or blanket tucked tightly around the resident to prevent free movement. A physical restraint can also be a mechanical device used to restrict a person’s free body movement. A physical or mechanical device can include hand mitts, bed ties, and Posey vests. Posey vests leave the patient’s arms free, but prevent their trunk from leaving their bed or chair. Chairs known as “Geri Chairs” have trays that can attach and prevent the resident from leaving the chair.
The most common types of physical restraints used in Bexar County nursing homes include:
- Vest restraints
- Wrist restraints or ankle ties
- Waist or belt restraints
- Hand mitts
- Geriatric chairs with locked trays
- Bed rails (when used to prevent exit)
- Tightly tucked sheets or positioning that restrict movement
- Wheelchairs with lap belts that cannot be unfastened independently
- Chairs angled or tilted to prevent standing
- Enclosed walkers or walker belts that limit exit
Chemical Restraints in Nursing Homes in Bexar County
Antipsychotic medications are sometimes prescribed to manage behavioral symptoms in residents with dementia, but overuse can cause serious harm, including increased risks of stroke, sedation, and death.
The rate of antipsychotic use in long-stay nursing home residents without a proper diagnosis dropped 25.8%, from 14.5% in 2015 to 10.8% in 2020, according to CMS data published in 2023. In late 2023 (latest update as of late 2025), over 1 in 5 residents were still given antipsychotics without an appropriate diagnosis. A related 2024 peer-reviewed study further confirmed that unnecessary antipsychotic use persists as a serious issue in elder care.
Antipsychotic drugs have an immobilizing effect on patients who don’t need them. Nursing homes can also use sedatives to keep patients asleep for the majority of the day–after all, a sleeping patient can’t complain. Unfortunately, these medications can cause extreme side effects for nursing home residents.
The most common types of chemical restraints in Bexar County nursing homes include:
- Antipsychotics (haloperidol, risperidone, olanzapine, quetiapine)
- Benzodiazepines (lorazepam, diazepam, alprazolam)
- Sedative-hypnotics (zolpidem, temazepam)
- Antidepressants used for sedation (trazodone, amitriptyline, mirtazapine)
- Mood stabilizers (valproic acid, carbamazepine, lithium)
- Anticonvulsants with sedating effects (gabapentin, pregabalin)
- Barbiturates (phenobarbital, secobarbital)
- Antihistamines with sedative properties (diphenhydramine, hydroxyzine)
- Centrally acting muscle relaxants (cyclobenzaprine, tizanidine)
Mechanical Restraints in Bexar County Nursing Homes
Mechanical restraints in nursing homes are devices or equipment used to restrict a resident’s movement or access to their own body, and they cannot be removed by the resident. These can include bed rails, limb restraints, lap belts, vest restraints, geri chairs with locked trays, or other mechanical devices that prevent standing, walking, or repositioning without assistance. They are typically used to prevent falls or manage behavior, but under federal and Texas law, their use is strictly regulated and often considered a last resort due to the risks of injury, loss of mobility, and violations of resident rights.
Why Do Nursing Homes Use Restraints?
Using a physical or chemical restraint gives members of staff more power over a nursing home resident. Restraints can sometimes be part of a resident’s medical treatment, but this is based on a large number of factors. The end goal has patient safety in mind. With unnecessary physical and chemical restraints, the end goal is more about the comfort of staff members. Many nursing homes are severely understaffed, but this is no excuse to restrain residents instead of treating them like the people they are.
Texas Laws on Restraints in Nursing Homes: Nursing Home Reform Act
The Nursing Home Reform Act of 1987 (also known as the Omnibus Budget Reconciliation Act or OBRA ‘87) was the first piece of legislation that set legal expectations for long-term care facilities and their staff. This act focused on the rights of residents and setting standards for their care. This act prohibits the use of physical or chemical restraints for the purpose of discipline or convenience. Nursing home residents have a right to restraint-free care. The act did not, however, outlaw restraints entirely. Restraints are still used to protect patients from themselves or from harming other residents. Patients who have a higher risk of falling are commonly restrained for their own protection. Violent patients are often kept docile for the physical safety of the nursing home staff and other residents. Unfortunately, these restraints often have harmful effects on residents.
Harmful Effects of Using Restraints in Nursing Homes
Chemical or physical restraints can have adverse effects on a person’s body. This is especially true if they have other medical conditions like dementia or Alzheimer’s disease. Restraints carry an increased risk of death, muscle atrophy, injury, and cardiac arrest. Antipsychotic drugs have a serious impact on the cardiovascular system of patients with dementia. Nursing homes continue to use these medications to sedate residents.
Injuries Caused by Physical and Chemical Restraints
Physical and chemical restraint use can cause injuries in nursing home residents. This can include bedsores, increased falls, lower quality of life, and even death.
Bedsores
Bedsores are also known as pressure ulcers. This injury is caused by prolonged pressure and is often seen in patients who have been restrained or have mobility issues. If patients are not moved regularly by staff members, these pressure wounds can develop and cause extensive damage to the skin. Stage four ulcers can even go as deep as the bone.
If your loved one developed a pressure ulcer, consult a San Antonio nursing home bed sore attorney.
Increased Fall Risk
Patients who spend most of their time restrained to their bed or chair can develop muscle atrophy and muscle weakness. This can cause major balance issues and increase their risk of falling when not in bed or a chair.
Contact a San Antonio nursing home fall lawyer for a free case evaluation.
Effect on Mental Health
Many patients who are subjected to physical and chemical restraints are unable to consent to the practice. Being tied down or force-fed oral medication for sedation can take a serious toll on the mental health and well-being of the patient. They cannot make decisions for themselves and are often frightened by these measures.
How A Nursing Home Neglect & Abuse Attorney Can Help
Healthcare professionals, including nursing home staff, have a duty to provide safe and effective medical treatment for their patients. A qualified nursing home neglect and abuse lawyer can help prove that the nursing home staff members unnecessarily used restraints on a resident and caused injuries. A nursing home will do everything in its power to hide evidence or try to offer you a settlement to keep you from going public with the abuse. In these cases, the abuse will often continue and nothing will change. You need an experienced nursing home abuse attorney to help fight aggressively for the protected rights of you and your family.
Seeking Compensation
A strong nursing home abuse case must prove the 4 D’s of negligence in Texas. You and your legal team must prove that the staff members had a duty of care to the resident, breached the duty of care, caused an injury, and the injury caused financial damages. Financial compensation will not do anything to change what happened, but it can hold the nursing home and its staff accountable for their abuse. A lawsuit can prevent the staff members from treating other residents the same way and provide compensation to your family. Compensation can prevent your family from accruing a mountain of medical debt for an injury caused by a nursing facility. At Janicek Law, our attorneys fight aggressively for compensation such as:
- Medical treatment, including therapy for trauma associated with abuse
- Pain and suffering
- Loss of enjoyment in life
- Mental anguish
- And more
Contact a San Antonio Nursing Home Restraints Attorney For a Free Consultation
Janicek Law is a law firm founded on defending those unable to defend themselves. If your family member sustained injuries from the use of restraints, contact our office immediately. We can explore your legal options with a free consultation. Taking legal action can help you recover compensation for your abused family member. Legal action can also prevent negligent staff from harming other residents. Call us today at 210-366-4949 to speak to an experienced nursing home negligence attorney at Janicek Law.
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